State v. Salazar-Mercado

325 P.3d 996 (Ariz. 2014)

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Nature of the Case

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Facts

Salazar (D) was indicted on multiple counts of child molestation and sexual conduct with a minor under age fifteen. The children delayed reporting alleged sexual abuse by a relative and had trouble pinpointing when events occurred. One child victim changed her version of events between the time of reporting and trial. D moved to preclude P from eliciting expert testimony from Dr. Wendy Dutton about Child Sexual Abuse Accommodation Syndrome (CSAAS). The testimony would explain behaviors commonly exhibited by child sexual abuse victims. D argued that Dutton was both a 'cold' expert, meaning she would only educate the jury about CSAAS and a 'blind' expert, meaning she had no knowledge about the victims. The trial court denied the motion. Dutton testified at trial, explaining generally how children perceive sexual abuse, describing behaviors involving disclosure of abuse, and relating circumstances in which children may make false allegations. D was convicted and appealed. The Court of Appeals affirmed and D appealed.